Policy Updates

 

>> View all legal agreements

>> View past policy updates

Policy Updates

 

This page informs users in advance of important changes to the PayPal service, its User Agreement, or other policies. This page displays policy updates with future effective dates. Go to “Past Policy Updates” for previous policy updates.

Notice of Amendment to PayPal Legal Agreements

Issued: Aug 16, 2016 (for Effective Dates see each individual agreement below)

 

Please read this document.

 

We’re making changes to the legal agreements that govern your relationship with PayPal. 

 

We encourage you to carefully review this notice to familiarise yourself with the changes that are being made.

 

You do not need to do anything to accept the changes as they will automatically come into effect on the Effective Dates shown below. Should you decide you do not wish to accept them you can notify us before the above date to close your account (https://www.paypal.com/be/cgi-bin/?&cmd=_close-account) immediately without incurring any additional charges.

 

We do hope, however, that you continue to use PayPal and enjoy the following benefits:

 

It’s faster

 

You don’t have to type in your card details each time you pay, so you can check out faster online.

 

It’s easier

 

PayPal is the preferred web payment method in Belgium because it’s a smarter, savvier way to pay online in just a few clicks. All you need is your email address and a password.

 

Please review the current Legal Agreements in effect
 


Notice of amendment to the PayPal User Agreement.

Effective Date: Nov 19, 2016

 

You can find the amended PayPal User Agreement below the version of that agreement currently in force by clicking here or accessing it via the “Legal” or “Legal Agreements” footer on most PayPal site pages.

 

  1. Intellectual Property

 

We are adding a new paragraph to Section 1.3 (Intellectual Property) for businesses that use PayPal.  The new paragraph outlines the licence that you give to us and to the PayPal Group to use your business name, trademarks and logos for the purpose of displaying information about your business and its products and services.  The new paragraph at section 1.3 reads as follows:

 

“You grant the PayPal Group the worldwide right to use and depict your business name, trademarks and logos on our website and in our mobile and web applications for the purpose of displaying information about your business and its products and services.”

 

 

  1. Non discouragement

 

We are amending section 4.4 (Non discouragement) to outline the standards that businesses must adopt at their points of sale in respect of their customers’ use of PayPal.  Section 4.4 now reads as follows (with added/amended wording underlined):

 

“4.4 Non discouragement.

 

In representations to your customers or in public communications, you shall not mischaracterise or disparage PayPal as a payment method.

 

At all of your points of sale (in whatever form):

 

  1. you shall not dissuade or inhibit your customers from using PayPal; and 
  2. if you enable your customers to pay you with PayPal, you shall treat PayPal’s payment mark at least at par with other payment methods offered.

 

PayPal does not encourage surcharging because it is a commercial practice that can penalise the consumer and create unnecessary confusion, friction and abandonment at checkout.  You agree that you will only surcharge for the use of PayPal in compliance with any law applicable to you. You further agree that if you do surcharge a buyer, you, and not PayPal, will inform the buyer of the requested charge. PayPal has no liability to any buyer where you have failed to inform the buyer of any surcharge. Failure to comply with the above provisions shall constitute a breach of this Agreement and shall entitle PayPal to terminate this Agreement pursuant to section 10.3.”

 

  1. Set off of balances

 

Section 5.4 (Set off of balances) is amended to clarify that PayPal may also deduct fees, charges or other amounts owed to the PayPal Group in respect of any services provided by the PayPal Group from any Account Balance held or controlled by you. The amended section 5.4 now reads as follows (with added wording underlined):

 

“5.4 Set-off of Balances. You agree that we may set-off any of the amounts held in Accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the PayPal Group (including, without limitation, in respect of any services provided by any member of the PayPal Group). In simple terms, our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this section from an Account Balance held or controlled by you.”

 

  1. Withdrawing Money in Multiple Currencies

 

Section 6.4 (Withdrawing Money in Multiple Currencies) is amended to clarify that currency conversion fees will apply to withdrawals of funds from Balances held in currencies other than your home currency.  The amendments also outline how other fees and certain currency conversion measures may apply if you withdraw to certain credit cards (where such functionality is available) the transaction could be carried out.  The amended section 6.4 now reads as follows (with added wording underlined):

 

6.4 Withdrawing Money in Multiple Currencies. If you have multiple currencies in your Balance, you will be able to choose from those when you withdraw funds, but, unless otherwise agreed, the withdrawal will take place in your home currency.  Currency Conversion fees stated in Schedule 1 of this Agreement will apply if you withdraw funds from a Balance held in a currency other than your home currency.  If you are able to withdraw to your branded MasterCard or Visa card, your withdrawal may be subject to a fee as stated in Schedule 1 of this Agreement and may take place in a different currency to your home currency depending on whether PayPal can support the withdrawal into the card’s base currency.

 

 

  1. PayPal seller protection

 

Section 11.10.a is amended in order to outline that the following items/transactions/cases will always remain ineligible for PayPal seller protection, unless otherwise agreed in writing with PayPal:

 

1. Items equivalent to cash (including, without limitation, stored value items such as gift cards and pre-paid cards );

2. Payments made in respect of financial products and investments; and

  1. Donations.

 

The amended section 11.10.a. now reads as follows (presented in context within section 11.10, with added wording underlined):

 

“11.10 What are examples of items/transactions/cases that are not eligible for PayPal seller protection?

 

a. Intangible items, licenses for digital content, and services. Where PayPal in its own discretion may make certain intangible items, licenses for digital content and/or services eligible from time to time, unless otherwise agreed in writing with PayPal, the following will always remain ineligible:

 

  1. Items equivalent to cash (including, without limitation, stored value items such as gift cards and pre-paid cards ).

 

  1. Payments made in respect of financial products and investments.

 

  1. Donations.

 

  1. PayPal Buyer Protection

 

Section 13 is amended to make several amendments to the PayPal Buyer Protection policy as follows:

 

  1. the following types of transactions are now excluded from coverage of PayPal Buyer Protection (section 13.3 is amended accordingly):

 

  1. purchases of any interest in a business (including, without limitation, any items or services forming part of a business or corporate acquisition);
  2. purchases of vehicles (including, without limitation, motor vehicles, motorcycles, caravans, aircraft and boats), except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards;
  3. payments on crowd-funding and/or crowd-lending platforms;
  4. purchases of items equivalent to cash (including, without limitation, stored value items such as gift cards and pre-paid cards);
  5. gambling, gaming and/or any activity involving a chance to win a prize;
  6. payments made in respect of financial products and investments;
  7. payments to state-run bodies, except for state-owned enterprises;
  8. donations; and
  9. purchases of items which you collect in person, or arrange to be collected on your behalf (including at a retail point of sale) and which you claim to be Not Received;

 

  1. transactions paid for in more than one instalment are now eligible for PayPal Buyer Protection, subject to the remainder of the PayPal User Agreement (section 13.2a is amended accordingly);

 

 

  1. all buyers must now wait at least 7 days from the date of payment to escalate a Dispute for a purchase Not Received (NR), unless otherwise stated by PayPal (section 13.5b is amended accordingly); and

 

 

The amended sections 13.3 and 13.5 now read as follows (with added wording underlined):

 

13.3  What type of payments are eligible for re-imbursement under PayPal Buyer Protection?

Purchases of most goods and services are eligible (including travel tickets, intangible items such as rights of access to digital content and other licenses), except for the following transactions:

 

  • purchases of any interest in a businesses

 

  • purchases of vehicles (including, without limitation, motor vehicles, motorcycles, caravans, aircraft and boats), except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards

 

  • payments on crowd-funding and/or crowd-lending platforms

 

  • purchases of custom made items (unless they are claimed to be Not Received)

 

  • purchases of goods and services prohibited by the PayPal Acceptable Use Policy

 

  • purchases of industrial machinery used in manufacturing

 

  • purchases of office or factory equipment

 

  • purchases of items equivalent to cash (including, without limitation, stored value items such as gift cards and pre-paid cards)

 

  • purchases of goods and services using Zong, Website Payments Pro or Virtual Terminal (if available)

 

  • Personal Transactions

 

  • gambling, gaming and/or any activity involving a chance to win a prize

 

  • payments made in respect of financial products and investments

 

  • payments to state-run bodies, except for state-owned enterprises

 

  • donations,

 

  • purchases of items which you collect in person, or arrange to be collected on your behalf (including at a retail point of sale) and which you claim to be Not Received.

 

13.5 How do I resolve my problem?

If you are unable to resolve a problem directly with the seller, go to the Resolution Centre and follow this process:

 

a. Open a Dispute

Open a Dispute within 180 days of the date you made the payment for the item you would like to dispute. We may refuse to accept any Dispute that you open in relation to that item after the expiry of that period (please be aware of this if you agree a delivery time with the seller that falls after the expiry of that period).

 

b. Escalate the Dispute to a Claim

If you and the seller are unable to come to an agreement, escalate the Dispute to a Claim within 20 days of opening the Dispute. It is your responsibility to keep track of these deadlines. You must wait at least 7 days from the date of payment to escalate a Dispute for an Item Not Received (INR), unless otherwise agreed by PayPal. If you do not escalate the Dispute to a Claim within 20 days, PayPal will close the Dispute and you will not be eligible for a payment under the terms of PayPal Buyer Protection. You are permitted to edit or change a Claim after filing only if you wish to add further information or if you wish to change the reason of your Dispute/Claim from “Item Not Received” to “Significantly Not as Described” (but only if it relates to a single payment). Otherwise you may not edit or change a Claim after filing it.

 

c. Respond to PayPal requests for information in a timely manner

During the Claim process, PayPal may require you to provide documentation to support your position. You may be asked to provide receipts, third party evaluations, police reports, or anything else that PayPal specifies.

 

d. Comply with PayPal shipping requests in a timely manner

For Significantly Not as Described (SNAD) Claims, PayPal may require you to post the item back to the seller at an address supplied to you by PayPal during the Claim process – or to PayPal - or a third party at your expense and to provide Proof of Delivery. Proof of Delivery requirements are set out in section 11.9 above. Please take reasonable precautions in re-packing the item to reduce the risk of damage to the item during transit. PayPal may also require you to destroy the item and to provide evidence of its destruction.”

 

  1. Fees - Turkey

 

We regret to inform you that PayPal no longer provides services to users in Turkey.  Accordingly, all references to fees relating to payments to and from Turkish users and/or in Turkish Lira have been removed from the PayPal User Agreement.

 

  1. Fees – Personal Transaction payments and Brazilian registered Accounts

 

Schedule 1 (Table of Fees) is amended to clarify that Brazilian registered Accounts may neither send nor receive Personal Transaction payments. This means that you cannot send Personal Transaction payments to Brazilian registered Accounts.  Section A4.2.2. of Schedule 1 (Table of Fees) is amended accordingly as follows (presented in context with its root wording, with added wording shown underlined):

 

“A4.2 A "Personal Transaction" payment involves sending money (initiated from the “Friends and Family” tab of the “Send Money” flow) to, and receiving money into your PayPal Account from, friends and family without making an underlying commercial transaction (that is, the payment is not for the purchase of goods or services or for making any other commercial transaction).

 

If you are making a commercial transaction (for instance selling goods or services), you may not ask the buyer to send you a Personal Transaction payment for the purchase. If you do so, PayPal may remove your ability to accept any or all payments for Personal Transactions. Please also note that:

 

 

A4.2.2 Brazilian and Indian registered Accounts may neither send nor receive Personal Transaction payments. This means that you cannot send Personal Transaction payments to Brazilian or Indian registered Accounts; and

 

…”

 

Other consequential amendments are made to section A1.2 of Schedule 1 (Table of Fees)).

 

 

  1. Fixed Fees for receiving Commercial Transaction payments

 

We are increasing the Fixed Fee for receiving a Commercial Transaction payment in Brazilian Real (BRL) from 0.40 BRL to 0.60 BRL.  The relevant entry in the table of Fixed Fees at section A4.6 of Schedule 1 (Table of Fees) (presented in context with the column headings) now reads as follows:

 

Currency:

Fee:

Brazilian Real:

0.60 BRL

 

  1. Other changes

 

Sections of the PayPal User Agreement have been amended to clarify existing wording (especially section 13 (PayPal Buyer Protection) and Schedule 1 (Table of Fees)) and correct minor typographical errors.